Nature of Crime
What are strict liability offences?
Only actus reus needs to be proved.
Many traffic offences are strict liability offences.
Identify ONE police power
search and seizure, access to information, interrogation, electronic surveillance, medical examinations, detention, fingerprints and photographs, discretion
Describe a committal hearing.
Committal hearings/proceedings determine whether indictable offences are to be heard in a higher court.
Explain the purpose of deterrence
Discourages or is intended to discourage someone from doing something in a specific or general manner.
What is doli incapax?
The doctrine that recognises the age of criminal responsibility at age 10.
What is the definition of a crime?
There must be an act, or failure to act, that is seen as harmful to society and is punishable by the state
Explain why it is important to minimise the time a person spends on remand
It is important for us to minimise the time a person spends on remand because everyone has the right to be free from arbitrary detention.
Describe the adversarial system of trial
Two opposing parties hearing their cases before an impartial third party with strict rules of evidence, presumption of innocence, cross-examination, past record of accused only examined during sentencing
Explain the purpose of retribution
Punishment that is considered to be morally right or deserved based on the nature of the crime. It is related to the concept of revenge or getting even
List three rights of a child when questioned or arrested
parent/guardian must be notified, right to have an independent adult as a support person, police must inform and assist the child with their rights, child under ten cannot be strip searched and an older child must have a support person present, cannot be kept in the same cell as an adult, police cannot photograph or take fingerprints of a child under 14 unless they have a court order, police cannot take a bodily sample without a court order
What is causation?
Causation is the link between the act and the result/injury.
Describe when and why bail may be granted
Bail can be granted after the accused has been charged and when they are given bail if they are not an unacceptable risk to society.
Explain the relevance of Dietrich v the Queen (1992)
A defendant has the right to a fair trial and Australian courts have ruled that a trial will rarely be fair for an accused without adequate legal representation. The High Court recognised this in a Dietrich v The Queen in 1992
Name five penalties
Cautions, infringement notices, no conviction recorded, fines, forfeiture of assets, bonds, probation, suspended sentences, community service orders, imprisonment and diversionary programs.
Describe transnational crimes with an example
A transnational crime is a crime that violates multiple countries laws, an example is human trafficking.
Identify and describe the TWO elements of crime
actus reus: guilty act. The act or omission took place, it was done by the accused person and it was voluntary
mens rea: guilty mind. The intention to commit the act or omit the duty, or recklessness or negligence
Describe the way that technology has transformed the investigation of crimes.
Technology has transformed the investigation process as it has allowed for the solving/achieving of justice for old cold cases.
Describe the burden and standard of proof for a criminal case
The burden of proof is on the prosecution and in a criminal trial the standard is beyond a reasonable doubt.
Explain what aggravating factors are and give an example
Aggravating circumstances are taken into account by the magistrate or judge when determining the sentence. They may result in the maximum penalty being imposed. For example the use of a weapon, or the age of the victim
Identify FOUR human rights recognised internationally.
1. Everyone has the right to life, liberty and security of person.
2. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
3. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
4. All are equal before the law and are entitled without any discrimination to equal protection of the law.
5. No one shall be subjected to arbitrary arrest, detention or exile.
6. Everyone has the right to freedom of movement and residence within the borders of each state.
Identify the parties to a crime
Principal in the first degree
Principal in the second degree
Accessory before the fact
Accessory after the fact
Identify 5 police powers
search and seizure, access to information, interrogation, electronic surveillance, medical examinations, detention, fingerprints and photographs, discretion
Explain two of the following defences to criminal charges: mental illness, self-defence or duress
Mental illness: The accused needs to prove they were mentally incapacitated by reason of mental illness or insanity and could not have formed the mens rea or necessary intent at the time of the offence.
Self-defence: The offender must prove that the crime was carried out while the person was defending themselves, or another person.
Duress: Duress is unlawful pressure applied by one person to induce another person to do something against their will.
Explain what mitigating factors are with an example
These are matters that persuade the judge that the maximum penalty should not be imposed, and are put forward by the defence. They are factors which lessen the sentence. For example, the offender's past good record, or a guilty plea.
Identify two alternatives to court for children
Youth justice conference, Youth Drug and Alcohol Court Program, community service, cautions, warnings